ORLANDO, Fla. — The defense team in the Casey Anthony trial filed a motion Monday requesting that the judge presiding over the case declare a mistrial, the Orlando Sentinel reported.

The motion is based on a recent federal court ruling that found Florida’s process for conferring the death penalty to be unconstitutional.

According to the Sentinel, the motion requests that Judge Belvin Perry hold a hearing on the matter and to “declare a mistrial in this case and begin jury selection anew with a non death-qualified jury.”

Jurors selected in Anthony’s trial were required to declare they were not categorically opposed to the death penalty.

The motion comes just days after the defense requested that Anthony undergo a mental competency review. After evaluations by psychiatrists, Perry declared Anthony competent to stand trial Monday.

Anthony, 25, is charged with first-degree murder in the death of her two-year-old daughter, Caylee, whose remains were found in December 2008 in the woods near her family’s home, just south of Orlando.